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CWP No. 7143/2022 decided on 13.10.2022 ( 2025:HHC:11344 ) "In partial modification of this Department's Notification No.EDN-C- B(1)2/2019 dated 16th July, 2020 (as updated upto 11th March, 2022), the Governor, Himachal Pradesh is pleased to add "Rule-

19. Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:

19.Appellate Authority:

The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant." As per Clause 19 incorporated in the Policy for appointment of Part Time Multi Task Workers Policy-2020, the appeal in respect of complaint relating to selection and appointment of PTMTW is to be made to the ADM of the concerned District within 15 days of the selection/appointment. The appeal is to be decided by the ADM within 30 days from its receipt. Rule 19 provides for further remedy of second appeal to the Director of Higher/Elementary Education as the case may be within 15 days from the date of decision of ADM. The Second Appellate Authority is to dispose of the appeal within 60 days after hearing the parties.

2(ii)(b) Pursuant to the direction of ADM Kullu, the BDO Bhunter vide his order dated 03.02.2023 (Annexure-11) held that the procedure adopted for change of petitioner's Ward from Ward No.2 to Ward No.5 was in violation of the H.P. Panchayati Raj General Rules 1997.

2(ii)(c) Based upon orders passed by the ADM Kullu on 22.12.2022 (Annexure P-9), SDM Banjar on 10.02.2023 (Annexure P-10) and BDO Bhunter on 03.02.2023 (Annexure P-11), the BEEO Banjar District Kullu appointed respondent No.9 as Part Time Multi Task Worker on 28.02.2023 (Annexure P-13). 2(iii) Feeling aggrieved against the aforesaid orders passed by the ADM Kullu on 22.12.2022 (Annexure P-9), SDM Banjar, dated 10.02.2023 (Annexure P-10), BDO Bhunter dated 03.02.2023 (Annexure P-11) and the appointment order issued to respondent No. 9 on 28.02.2023 (Annexure P-13), the petitioner instituted second ( 2025:HHC:11344 ) appeal in terms of Rule 19 of the Part Time Multi Task Workers Policy- 2020 before the Director of Elementary Education-cum- Second Appellate Authority on 03.03.2023. This appeal was dismissed on 31.03.2023 (Annexure P-16).

It has been stated by learned counsel for the parties that the petitioner as well as respondent No.9 , both are working as PTMTW in the concerned school as on date, but without payment of salary.

( 2025:HHC:11344 )

3. Heard learned counsel for the parties and considered the case file.

4(i) Learned counsel for the petitioner has strongly urged that the appeal filed by respondent No.9 was not decided on merits by the ADM Kullu-competent authority. The officers who were not competent to decide the same actually disposed of the appeal. The petitioner was not even heard by the SDM Banjar and the BDO Bhunter before passing orders pursuant to the directions of the ADM, Kullu dated 22.12.2022. Copy of orders passed by SDM Banjar & BDO Bhunter were not supplied to the petitioner. 4(i)(a) It is writ large from the order dated 22.12.2022 passed by the ADM District Kullu that he had not discharged his obligation/duty as an appellate authority in terms of Rule 19 of the Part Time Multi Task Workers Policy-2020. As first appellate authority, ADM though could have asked for report/order on some specific issues from the concerned authorities, but it was for the ADM concerned, to have passed the final order on the appeal preferred by respondent No.9. Instead of deciding the appeal himself, the ADM Kullu, delegated his authority to the SDM Banjar, BDO Bhunter, BEEO Banjar and also to the Selection Committee. The appeal preferred by respondent No.9 was not decided on merits by the ADM Kullu. It was for the appellate authority to decide the appeal on its merits. It is this authority, which had been conferred power under ( 2025:HHC:11344 ) Rule 19 to decide the first appeal. Piece meal decisions of the SDM Banjar and BDO Bhunter on two separate issues neither constitute decision on appeal preferred by respondent No.9 nor these offices had been empowered under the Policy to decide the appeal. The delegation of power by the ADM to the aforesaid authorities under order passed by him on 22.12.2022 was not in consonance with the provisions of Rule 19 of the Policy. There is no decision on the appeal filed by respondent No.9 against petitioner's selection. 4(i)(b) There are specific pleadings in the writ petition that the petitioner had not been heard by these authorities viz. SDM Banjar & BDO Bhunter before passing the orders on 10.02.2023 & 03.02.2023; There is infraction of principles of natural justice. It is further case of the petitioner that though her appointment as Part Time Multi Task Worker has not been withdrawn or cancelled, yet the respondents vide order dated 28.02.2023 appointed respondent No.9 as Part Time Multi Task Worker.

11) having been passed without any authority under the Part Time Multi Task Workers Policy-2020 & also being in violation of principles of natural justice are also quashed and set aside. 5(iii) Based upon the aforesaid orders, appointment of respondent No.9 dated 28.02.2023 (Annexure P-13) as Part Time Multi Task Worker at Government Primary School Sainj, District Kullu, by respondent No.3 is also set aside as having been ordered without there being any authority, in violation of principles of natural justice and without setting aside petitioner's appointment as PTMTW.